KIRAN SAJJAN Vs. SWARNKANTA MAHAJAN

JUDGEMENT

(1.) The respondent/landlord filed a petition under Section 14(1) (a) of the Delhi Rent Control Act, 1958 (hereinafter referred to as the said Act) against the petitioner/tenant in respect of premises Shop No.77, Mezzanine Floor, Desh Bandhu Gupta Market, Karol Bagh, New Delhi. It was stated in the petition that the rate of rent was Rs.250/- per month but after notice of the statutory increase as per amended law, the rate of rent on 10 per cent increase became Rs.275/- per month w.e.f. February 1994. The premises were alleged to have been let out for residential purposes but the petitioner was carrying on business in the premises. The petitioner was alleged to have been a habitual defaulter in payment of rent and earlier a petition was filed under the same provisions. In terms of the order dated 7.5.1991 benefit had been granted under Section 14(2) of the said Act in those proceedings. However, in spite of availing of the benefit the petitioner was in arrears of rent w.e.f. 1.3.1993 and despite notice of demand dated 3.1.1994 calling upon the petitioner to tender the rent due @ Rs.250/- per month and to pay the further enhanced rent at 10 per cent statutorily due within two months from the date of receipt of the notice, the amount was not so paid.

(2.) It is further stated that the petitioner sent a reply dated 7.2.1994 to the notice and remitted two cheques along with the same which were not encashed by the respondent. The rent was stated to be deposited with the Court of the Additional Rent Controller but according to the respondent the same was not a valid deposit.

(3.) The petition was contested by the petitioner inter alia on the ground that when the order dated 7.5.1991 was passed an appeal was preferred against the same, which was dismissed by the Additional Rent Control Tribunal. However, the second appeal filed before this Court was stated to be still pending. It was further stated that the deposit made in Court was a valid deposit in view of the refusal of the respondent. The petitioner also submitted that the rate of rent was Rs.150/- per month but in order to avoid any controversy the rent as demanded has been tendered/deposited.